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Title II of the ADA applies to all activities, services and programs of public entities. A public entity is any state or local government and any of its departments, agencies or other instrumentalities. 42 U.S.C. § 12131(1).

Included under Title II are activities of State legislatures and courts, town meetings, police and fire departments, motor vehicle licensing, and employment. Under section 504 of the Rehabilitation Act, only programs that receive federal funds are covered. Under Title II of the ADA, all activities of State and local governments are covered whether or not they receive Federal funds.

Private entities that operate public accommodations are covered under Title III of the ADA and public transportation services operated by state and local governments are covered by Department of Transportation (DOT) regulations.